FIGC, maxi-fine of 4 million. Antitrust blow to Italian football

Figc, hit by 4 million euros from Antitrust

Antitrust sanctioned the Italian Gaming Federation Soccer (FIGC) for a total amount of over 4 million euros (4,203,447.54 euros). The Authority, we read in a note, has in fact ascertained that the FIGC, at least starting from 1 July 2015, has implemented a complex exclusionary strategy to strengthen its dominant position in the organization of youth football competitions of a competitive nature and to also extend it to the amateur recreational activity market, in which it operates in competition with Sports Promotion Bodies (Eps).

There abusive strategy was first and foremost achieved through the failure of the FIGC to stipulate the agreements requested by the Coni Eps Regulation (2014) for the performance of competitive activities. This has allowed the Federation to preclude EPS from accessing the market for the organization of competitive events, thus guaranteeing itself a position of substantial monopoly.

Secondly, the FIGC has instrumentally used its regulatory power, illegitimately considering as competitive the amateur activity carried out by Sports Promotion Bodies with athletes between 12 and 17 years of age. Furthermore, it has also imposed for athletes up to 12 years of age (by definition not included in competitive activity) the agreement between the Federation they Eps and pre-authorization of the event, thus limiting the freedom of Amateur Sports Associations affiliated to the FIGC and their athletes with dual membership to participate in the tournaments organized by the EPS.

In this way the capacity of the Sports Promotion Bodies to exert sufficient competitive pressure on the Federation, hindering and/or weakening competition in the market for the organisation of recreational and amateur events.

Figc: “Antitrust sanction unjustified, appeal to the TAR”

There Football Federation appeals to the TAR of Lazio against the 4 million euro fine imposed by the Antitrust for abuse of a dominant position in youth football. “The FIGC considers the fine unjustified, based on documentary evidence and on incorrect legal reasoning. Moreover – the note continues – this fine was imposed with the same motivations with which the equestrian sports federation had been sanctioned in a similar proceeding, a decision later annulled by the Council of State”. The FIGC reiterates “the absolute correctness of its actions” and announces the notification of the appeal with a request for suspension